Rahul Chandra Mahata & Anr vs The State Of West Bengal & Ors
2023 Latest Caselaw 2635 Cal

17.04.2023
Item No.5.
Court No.6.
   AB
                                  M.A.T. 94 of 2023
                                         With
                                  I A CAN 1 of 2023

                          Rahul Chandra Mahata & Anr.
                                       Vs
                         The State of West Bengal & Ors.

                    Mr. R. N. Mahato,
                    Mr. Lalratan Mondal,
                    Mr. Dilip Kr. Sadhu      ...for the Appellants.

                    Mr. Biswaranjan Bhakat
                                     .....for the Respondent No.9.

Mr. Rajarshi Basu, Ms. Aiswaria Jaishree .....for the State.

Mr. Dhiman Ray, Mr. Dip Chanda .....for the Respondent No.10.

Affidavit of service filed in Court today, be kept

with the records.

A judgment and order dated November 17, 2022,

whereby WPA 7848 of 2020 was disposed of, is under

challenge in this appeal.

The essential dispute is whether or not the

Municipality and/or the private respondent club have

encroached upon the land of the appellants/writ

petitioners and have made unauthorized construction

thereon.

The learned Judge did not call for affidavits from

the parties. Let the respondents file affidavits-in

opposition to the stay petition bringing on record their

stand. Let such affidavit be filed within two weeks from

date (1.5.2023). Reply thereto, if any, be filed within a

week thereafter (8.5.2023).

List the matter under the heading "Hearing"

after exchange of affidavits on 10.5.2023.

It is understood that on the adjourned date, the

appeal and the application will be taken up for hearing

together. We are told that the appellants have annexed

all papers that were available before the learned Single

Judge, to the stay petition. In case the respondents

wish to rely upon any document, they shall disclose

the same with their affidavits.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)